Brexit and Article 50 TEU: A Constitutionalist Reading

Abstract

This article considers the constitutional requirements and implications of Article 50 TEU for the European Union. It argues that it is essential to read Article 50 in light of the inherently constitutionalist features of the Treaty of which it forms part together with its drafting context, that of the Convention on the Future of Europe, as well as the substantive protections of EU constitutional law. The article demonstrates that substantial constitutional constraints are in place in EU law, which can affect four of the most significant debates in the withdrawal process, namely: the manner in which notification to withdraw from the Union is given; the revocability of a decision to withdraw; and the legal basis of the withdrawal agreement. These debates raise complex matters of EU constitutional law that must be determined in order for the Article 50 process to be conducted in accordance with the joint UK and EU commitment to respect the rule of law.

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